PLEASE READ THIS DOCUMENT CAREFULLY.
YOU MUST BE AT LEAST 18 YEARS OLD TO USE THE SITES, OR, IF YOU ARE BETWEEN THE AGES OF 13 AND 18, YOU MUST HAVE YOUR PARENT OR GUARDIAN’S PERMISSION TO USE THE SITES AND YOU REPRESENT AND WARRANT THAT YOU HAVE OBTAINED SUCH PERMISSION. CHILDREN UNDER THE AGE OF 13 MAY NOT USE THE SITES OR REGISTER FOR AN ACCOUNT.
1. The Relationship Between SOAR LMS, Instructors, and Students
SOAR LMS provides a platform upon which Instructors may create, offer for sale, and administer Courses to Students in the context of SOAR LMS’s online marketplace. SOAR LMS is neither a Course provider nor an educational institution. Instructors are not employees of SOAR LMS. SOAR LMS is not responsible for interactions between Instructors and Students, with the exception of providing the technological means through which Instructors may broadcast and otherwise make available their Courses and, at each Instructor’s election, for processing payments through SOAR LMS’s payment gateway as described in the Instructor Policy. SOAR LMS is not liable for any disputes, claims, losses, injuries, or damage of any kind that may arise out of the Instructor/Student relationship, including but not limited to, any Student’s reliance upon any information provided by an Instructor at any time.
2. Code of Conduct
In using the Services, you must behave in a civil and respectful manner at all times. Further, you agree not to use the Sites in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way, including by exposing them to inappropriate content, asking for personally identifiable information; or to impersonate or attempt to impersonate SOAR LMS, a SOAR LMS employee, or any other user or person or entity. SOAR LMS has the right, but not the obligation, to monitor all conduct on and content submitted to the Sites.
3. Instructor Fees and Refunds
SOAR LMS may charge Instructors fees to access certain features and functionalities of the Sites and the Services set to a multitiered subscription structure, described on our Pricing page (https://soarlms.com/pricing/). In turn, Instructors may charge Students certain fees for access to their respective Courses, and depending on how Instructors choose to process payment of those fees, SOAR LMS may charge a transaction fee, described in our Instructor Policy. Each User shall pay all fees and charges incurred through its respective account and billed to the User at the rates in effect for the pay period in which such fees and charges are incurred, and such User is solely responsible for payment. All paid plans are set to automatically charge at the beginning of each billing period unless you submit a cancellation request to us in writing via email or through our support form. If a User provides credit or debit card information to pay for the fees, that User represents and warrants that it is authorized to supply such information and authorizes SOAR LMS to charge that payment method on a regular basis to pay the fees as they come due. Each User shall pay all applicable taxes relating to its use of the Services and other products or services through its accounts. A User will not be allowed access to any portion of the Sites, the Services, or its content for which a prepaid fee is required unless and until SOAR LMS receives all fees and charges payable by that User. If a User’s payment method fails or its account is past due, then SOAR LMS may collect fees owed using other collection mechanisms, which may include charging other payment methods on file with SOAR LMS and/or retaining collection agencies or legal counsel.
30 Day Refund Policy
School owners on paid plans are entitled to a full no-questions-asked refund upon terminating within 30 days of first upgrading to a paid or higher priced plan or within 30 days of the expiration of the owner’s promotional coupon. Refund requests made more than 30 days from the date a school owner initially upgraded to a paid plan or more than 30 days after the expiration of a promotional coupon will not be granted.
Annual Plan Refunds
School owners on annual plans are entitled to a full refund within 30 days of first signing up for an annual plan or within 30 days of the renewal of an annual plan. After 30 days, school owners may request to have their plan suspended and reinstated at the date of their choosing. For example, if a school owner requests a plan suspension two months after first signing up for an annual plan, the owner’s account will be downgraded and the owner will be issued a coupon for the remaining 10 months that has been paid for. The coupon can be used to reinstate the paid plan at any time. The coupon will be for the same plan tier that the school owner paid for (i.e. if the original plan was an annual Professional plan, the coupon will be for a monthly Professional plan).
Abuse of the Refund Policy
SOAR LMS reserves the right to refuse refunds to school owners who abuse this Refund Policy. Examples of abuse include, but are not limited to, requesting refunds for multiple schools or requesting refunds in consecutive months.
4. Cancellation and Deletion
If you cancel a paid plan, the cancellation will become effective at the end of the then-current billing cycle. When you cancel a paid plan, your account will revert to a Free account and SOAR LMS may disable access to features available only to paid plan users.
You may delete your account at any time. Accounts on the Free plan may be deleted from the Sites if they remain inactive (i.e., the user fails to log in) for a continuous period of at least six (6) months. Accounts on paid plans will remain active unless you explicitly ask us to delete it when you cancel your paid plan. Upon termination, all licenses granted by SOAR LMS will terminate. In the event of account deletion for any reason, your course content may no longer be available. SOAR LMS shall not be responsible for the loss of such content.
5. Instructor Payouts and Student Refunds
Instructors and their affiliates are paid for signups through Stripe 30 days after the end of the month in which a sale is made. This 30-day period is necessary to account for student refunds.
If an Instructor uses SOAR LMS’s payment gateway, the Instructor’s Students are entitled to a full refund within 30 days of their initial class enrollment and payment. If a Student paid by Stripe, they will be refunded via Stripe directly via the Instructor’s Stripe account; If a Student paid by credit card, they will be refunded via the credit card processor within 7 days of the Instructor submitting a refund request via SOAR LMS.
6. Content, Licenses & Permissions
The content on the Sites, including all information, software, technology, data, logos, marks, designs, text, graphics, pictures, audio and video files, other data or copyrightable materials or content, and their selection and arrangement, is referred to herein as "Content." Content uploaded, transmitted, or posted by Users, whether they are Instructors or Students, is referred to herein as “User Content.”
Your User Content is your responsibility. SOAR LMS does not control or monitor User Content and, as such, does not guarantee in any manner the content, reliability, validity, accuracy, or truthfulness of such User Content, including but not limited to Content presented through the Courses. By using the Services, you may be exposed to User Content that you consider offensive, indecent, or objectionable. SOAR LMS has no responsibility to keep such content from you and no liability for your access or use of any User Content to the extent permissible by law. Although we have no obligation to do so, we have the absolute discretion to remove, screen, or edit without notice any User Content posted or stored on the Sites, and we may do this at any time and for any reason. You are solely responsible for maintaining copies of and replacing any User Content you post or store on the Sites.
SOAR LMS’s Limited License for Use of the Services
SOAR LMS grants you a limited, non-exclusive license to access and use the Services for your own personal and commercial purposes. This license is personal to you and may not be assigned or sublicensed to anyone else. Except as expressly permitted by SOAR LMS in writing, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Services. Nor will you take any measures to interfere with or damage the Services. All rights not expressly granted by SOAR LMS are reserved.
Your Limited License of Your User Content to SOAR LMS
If your User Content is intended for the use by other Users, you also grant us and our affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to sublicense such User Content to such Users for their use in connection with their use of the Sites, as described in the section titled Our Limited License of Content to Users.
SOAR LMS’s Limited License of Content to Users
- Users may only view, copy, and print such portions of the Content for their own use;
- Users may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Content;
- Users may not use any data mining, robots, or similar data gathering or extraction methods; and
- Users may not use the Sites or Content other than for their intended purposes.
Use of Interactive Areas and the Sites
- Any message, data, information, text, music, sound, photos, graphics, code, or other material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or fraudulent;
- Content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any applicable federal, state, or local law;
- Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual property or proprietary right of any party;
- Content that impersonates any person or entity or otherwise associates, infers, or misrepresents the User’s affiliation with a person or entity;
- Any tool or service that imports content from any platform that prohibits such services from accessing its platform for this purpose.
- Unsolicited promotions, political campaigning, advertising, or solicitations;
- Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, and credit card numbers, unless that third party has expressly consented to such use and disclosure;
- Viruses, corrupted data, or other harmful, disruptive, or destructive files;
- Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted, in SOAR LMS’s sole determination; and
- Content that, in SOAR LMS’s sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Sites, or which may expose SOAR LMS or its affiliates or Users to any harm or liability of any kind.
Finally, SOAR LMS has a zero-tolerance policy towards unsolicited email or messages, commonly referred to as "spam." Users may not use the Interactive Areas or the Sites generally to send commercial or other messages to any third-party, within or outside of the Sites, if those messages are not solicited, authorized, or welcomed by the third-party, and in using the Sites, Users must comply with all applicable laws, including laws that apply in any jurisdiction, to spam and marketing practices, and with any applicable marketing association guidelines on ethical marketing practices.
7. Intellectual Property
The Sites and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by SOAR LMS, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
Users may not engage in any activity on or through the Sites, including transmitting or using User Content, that infringes or otherwise makes unauthorized use of another party’s copyright, trademark, or other intellectual property or proprietary rights. We will respond to legitimate requests made pursuant to the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA") and trademark law, and we retain the right to remove Content or User Content from the Sites that SOAR LMS believes in good faith infringes on any third party’s intellectual property rights upon notice from the owner of such intellectual property, or their agent. Be advised that misrepresentations of infringement could result in liability for monetary damages and that SOAR LMS reserves the right to seek damages and indemnification from any party that submits a Notice of Claimed Infringement or Counter Notification in violation of the law. Consult an attorney before taking any action pursuant to the DMCA or to enforce trademark or other intellectual property rights.
Any Notice of Claimed Infringement and request for removal, and all Counter Notifications thereto, the requirements for which are listed below, should be sent to SOAR LMS’s Designated Agent by electronic mail at:
Notice of Claimed Infringement
If you believe in good faith that any Content or User Content has been used in a manner that infringes a copyright that you own or control, you may send a timely Notice of Claimed Infringement containing the following information:
- A physical or electronic signature of the copyright owner, or person authorized to act on its behalf;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the Sites, the easiest way being by providing us with the URL(s) leading directly to the allegedly infringing Content or User Content;
- Your mailing address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement, made under penalty of perjury, that the information contained in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
For claims of trademark infringement, send a notice to SOAR LMS’s Designated Agent containing the preceding information as applicable to your trademark or service mark, including the mark, registration number if applicable, basis for your trademark claim, jurisdiction in which you claim trademark rights, and class of goods or services and accompanying description for which you assert trademark rights. Please note that a copy of your notice will be sent to the party who posted the content you report as infringing.
If we remove your User Content in response to a Notice of Claimed Infringement, we will notify you and offer to provide you with a copy of such notice. If you believe your User Content was wrongly removed due to a mistake or misidentification of the User Content, you may submit a timely Counter Notification to our Designated Agent that includes the following information:
- Your physical or electronic signature;
- Identification of the User Content that has been removed or to which access has been disabled and the location at which the User Content appeared before it was removed or access to it was disabled;
- A statement, made under penalty of perjury, that you have a good faith belief that the User Content was removed or disabled as a result of mistake or misidentification of the User Content to be removed or disabled; and
- Your name, mailing address, telephone number, and email address, and a statement that you consent to the jurisdiction of the United States District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which SOAR LMS may be found, and that you will accept service of process from the party who submitted the Notice of Claimed Infringement, or its duly appointed agent.
Upon receiving an effective Counter Notification, SOAR LMS will promptly forward it to the reporting party. If the reporting party fails to notify SOAR LMS within ten (10) business days that it has filed an action seeking a court order to restrain you from engaging in the allegedly infringing activity, SOAR LMS will consider, in our sole discretion, restoring eligible Content to the Sites.
Our policy is to remove any User Content posted to the Sites by any User for whom SOAR LMS has received and acted on more than two takedown requests. SOAR LMS has discretion, however, to terminate any User’s account and/or access to the Sites or Services after receipt of a single Notification of Claimed Infringement, or in SOAR LMS’s in sole discretion.
8. Third Party Communications
SOAR LMS disclaims all liability for any communications directed to you from any third party directly or indirectly in connection with the Sites that you may receive and any actions you may take or refrain from taking as a result of such communications. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any such third-party communications. SOAR LMS assumes no responsibility for verifying, and makes no representations or warranties regarding, the identity, or trustworthiness of the source or content of any such third-party communications.
Links to Other Sites
The Sites and posted Content or User Content may contain links to third-party websites ("Third-Party Sites") and third-party content (“Third-Party Content”) as a service to those interested in this information. SOAR LMS may also have relationships with third party service providers who handle certain functions for the Sites. Your use of links to Third-Party Sites and any Third-Party Content, or service provided on this Sites or a third party site, is at your own risk. SOAR LMS does not monitor or have any control over, and makes no claim or representation regarding Third-Party Content or Third-Party Sites and accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third-Party Content, Third-Party Sites, or websites linking to the Sites. When you leave the Sites, our terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Site, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
To use certain Services, including providing or accessing Courses, you will need to register and obtain a password-protected account. You agree to provide accurate and complete information when registering and at all times thereafter. You are solely responsible for maintaining the confidentiality of your account, username, and password, and for all activities associated therewith. Please contact us at email@example.com if you suspect your account was compromised or was used without your permission, and promptly take steps to secure your account. After registering for a mySOAR LMS account, Students may save a credit card to their account in order to be able to enroll in and pay for multiple Courses through single sign on ("SSO").
To the extent permissible under applicable law, SOAR LMS will not be responsible for any loss or damage arising from your failure to comply with the foregoing requirements or as a result of use or misuse of your account, either with or without your knowledge. In cases where you have authorized or registered another individual, including minor children under the age of 18, to use your account, you are fully responsible for the online conduct of such person, controlling that person’s access to and use of the Sites and Services, and the consequences of any misuse by that person.
10. Errors and Corrections
SOAR LMS does not represent or warrant that the Sites or any services offered through the Sites will be error-free or otherwise reliable, free of viruses, or other harmful components, or that defects will be corrected or that they will always be accessible. SOAR LMS may make improvements and/or changes to the Sites and their features and functionality at any time, and will use commercially reasonable efforts to avoid disrupting peak hours, though some downtime may occur. Please contact individual Instructors directly to report errors in their respective Course content.
We reserve the right to amend the Sites, and any service or material we provide on the Sites, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Sites is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Sites, or the entire Sites, to Users.
11. Assumption of Risk
You are solely responsible for ensuring that your use of the Sites complies with applicable law and does not violate the rights of any third party, including, without limitation, intellectual property rights. You assume all liability for any claims, suits or grievances filed against you, including, but not limited to, all damages related to your use of the Sites.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Sites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Sites for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITES LINKED TO IT.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, SOAR LMS, ITS PRESENT AND FUTURE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, AND ANY THIRD PARTY INFORMATION PROVIDERS TO THE SITES, SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE SITES, THE SERVICES, THE COURSES, ANY FACTS OR OPINIONS APPEARING THEREIN, THE CONTENT OR USER CONTENT, OR ON OR THROUGH ANY THIRD-PARTY COMMUNICATIONS. TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, SOAR LMS SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE OR ACCESS THE SITES, THE SERVICES, THE COURSES, THE CONTENT OR USER CONTENT, OR ANY THIRD-PARTY COMMUNICATIONS. TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, SOAR LMS SHALL NOT BE LIABLE TO ANY PARTY FOR CLAIMS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITES, THE SERVICES, OR THE COURSES, INCLUDING, WITHOUT LIMITATION, CLAIMS FOR COPYRIGHT INFRINGEMENT. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, SOAR LMS’s SOLE OBLIGATION TO YOU FOR DAMAGES SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO SOAR LMS OVER THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM(S), UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW.
13. Third Party Rights
14. Unlawful Activity; Termination of Access
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Sites. YOU WAIVE AND HOLD HARMLESS SOAR LMS AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS, FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR AS A RESULT OF, ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review User Content material before it is posted on the Sites, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described herein.
15. Remedies for Violations
SOAR LMS may notify Users of relevant information regarding the Sites and Services in any of the following ways: (a) by emailing Users at the contact information they provide in their account registration, (b) by posting a notice in dashboard areas of the Sites, and (c) by posting the notice elsewhere on the Sites in an area suitable to the notice. It is each User’s responsibility to periodically review the Sites for such notices.
17. Governing Law and Jurisdiction; Disputes and Arbitration
YOU AND SOAR LMS EACH AGREE TO WAIVE ITS RIGHT TO TRIAL BY JURY AND THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE ARISING HEREUNDER WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT YOU WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU ACT OR PROPOSE TO ACT IN A REPRESENTATIVE CAPACITY. YOU FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF SOAR LMS AND ALL PARTIES TO ANY SUCH PROCEEDING.
Limitation on Time to File Claims
18. California Civil Code Section 1789.3 Compliance
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about SOAR LMS must be addressed to our agent for notice and sent via certified mail to that agent. For our agent’s most current contact information, please send a request to firstname.lastname@example.org.
California websites users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
20. Entire Agreement; Severability of Provisions; No Waiver
22. Contact Us